Will You Go to Jail if You Fail an Employment Drug Test in Houston, TX?

26 Apr 2023
Greco Neyland, PC

Drug tests are relatively common in private Texas workplaces, both as a condition for employment and randomly during the course of employment. Government employees face fewer drug tests because the law says a government agency must have a compelling justification to drug test its employees.

Will you have to worry about being dragged away by police officers if you fail a drug test at work?

Here’s what you need to know.

The Employer’s Reaction is Everything

Most employers don’t call the police whenever someone fails a pre-employment drug test. Indeed, they’re well aware 5 to 10% of drug tests lead to false positives. They won’t hire you, but they won’t go out of their way to make your life harder.

When you’re employed, a lot depends on your employer’s policy and relationship with your employer. Some will give you a second chance and invite you to take the test one more time. Most will fire you without involving law enforcement. A small percentage will call law enforcement and share the drug test results so the prosecutor can use that evidence against you, especially if they believe you’re using the drugs at work.

Much may also depend on the drug the test says you’re using. An employer might take cocaine a bit more seriously than they’d take marijuana, for example.

Falsifying Drug Tests is a Crime

Section 481.133 of the Texas Health and Safety Code states that it is a Class B misdemeanor to knowingly or intentionally use, or possess with intent to use, any substance or device designed to falsify drug test results. It’s also a crime to deliver, possess with intent to deliver or manufacture with intent to deliver a substance or device designed to falsify drug test results.

That doesn’t mean employers will report you if they suspect that you’ve falsified the test results, but the testing center might. In many cases, we’d expect to see more employers reporting this crime than the drug test results, simply because they’d take more affront to the attempt to defraud them.

Probation and Parole Drug Tests Are Different

If you refuse or fail a drug test while on probation or parole, you may violate the terms of those agreements.

Often, the sanctions begin with a warning, a violation, and a new drug test. If the violations continue, you’ll be arrested and taken into custody.

Get Help

If you fail a drug test, it’s prudent to have a lawyer picked out and a number in your cell phone, just in case.

If you’re arrested on a drug charge, you need a qualified criminal lawyer ASAP. Contact the team at Greco Neyland to schedule a case review today.

See also:

Collateral Damage from a Houston, TX Criminal Conviction

What Happens Between Arrest and a Houston, TX Criminal Trial?

Is Perjury a Felony in a Houston, TX Criminal Case?

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